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Takings Round Up

Posted on June 3, 2008

Heads up for an upcoming teleconference of interest – Supreme Court Rules on Eminent Domain for Private Development. It will be held on July 16, 2008 starting at noon EDT, and featuressome of the A-listers in our area of law. More information andregistration information here.

“First fence condemnation case reaches federal appeals court“reports the Dallas-Ft. Worth ABC affiliate, about one of the caseschallenging the federal government’s attempt to take property for afence along the US-Mexico border:

Attorneys forHilaria and Baldomero Muniz and another landowner have asked a panel ofjudges at the 5th U.S. Circuit Court of Appeals in New Orleans to voida federal judge’s order that they open their land to surveyors for theborder fence.

They argue that the district judge erred when he allowedgovernment officials to attempt to negotiate property access aftersuing. They say the law requires the government to try to strike a dealbefore &mdash…

Continue Reading Takings Round Up

Water Law Seminar Links and Materials

Posted on May 14, 2008

To all who attended Wednesday’s Integrating Water Law and Land Use Planning seminar, thank you. Here are links to the cases and statutes I discussed:

In re Water Use Permit Applications (Waiahole), 94 Haw. 97, 9 P.3d 409 (2000) (the mother of all Hawaii water law cases — the decision so vast it required its own table of contents)
In re Waiola O Molokai, Inc., 103 Haw. 401, 83 P.2d 664 (2004) (burdens of proof)
Haw. Const. art. XI, § 7 (the declaration of public trust)
Hawaii’s Takings Clause
U.S. Constitution, amend. V (federal takings clause)
U.S Constitution amend. XIV (federal due process clause)
42 U.S.C § 1983 (federal civil rights statute)
42 U.S.C § 1988 (prevailing party attorney’s fees statute)

Continue Reading Water Law Seminar Links and Materials

Upcoming Water Law Seminar

Posted on May 13, 2008

There’s still time to sign up for the “Integrating Water Law and Land Use Planning in Hawaii,” to be held on May 14, 2008. I’m on the faculty, leading a session on “Water Rights, Property Rights and the Law of Settled Expectations.” More information here, including registration information. If you attend, please stop by and say hello.Continue Reading Upcoming Water Law Seminar

Upcoming Land Use and Eminent Domain Seminars

Posted on April 22, 2008

Head’s up to two upcoming seminars worth attending: “Planning Zoning and Eminent Domain” (May 8-9, 2008), and “Planning and Zoning 101” (May 7, 2008), both of which will be put on by the Center for American and International Law, in Plano, Texas. Registration information for both seminars is here. The faculty is first-rate, and includes many of the stars in our field — Gideon Kanner, Dwight Merriam, and Robert Freilich. I won’t be able to attend, but I have in the past, and highly recommend it.Continue Reading Upcoming Land Use and Eminent Domain Seminars

Cases and Links From Today’s Seminar

Posted on April 3, 2008

To all those who attended today’s seminar, thank you. Here are the links to the cases I mentioned. From the morning session on Case Law Update:

Wilkie – Government Gone Wild! – no comprehensive federal remedy for federal interference with property
My Advertiser op-ed on Wilkie
Crown Point – Ninth Circuit abandons Armendariz doctrine
Cine SK8 – one way to prove a substantive due process case
Post-Kelo claims of pretext:

Franco – District of Columbia Court of Appeals – allegations of pretext cannot be summarily dismissed

Goldstein v. Pataki – Second Circuit – government’s claim of public use trump claims of pretext – cert. petition filed March 31, 2008

Brescia – shoreline setback and equitable estoppel – HAWSCT holds you gotta get your “official assurances” from the right party
Private agreements and public process – development and settlement agreements not a substitute for zoning process

From the afternoon session…

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Land Use Seminar This Week

Posted on March 31, 2008

There’s still time to sign up for the “Practical Guide to Zoning and Land Use Law” seminar, to be held Thursday, April 3, 2008, in Honolulu. I will be leading sessions on Current Case Law and Legislative Update, and Appealing an Administrative Zoning Decision. A detailed agenda and registration information are posted here. Continue Reading Land Use Seminar This Week

Land Use Seminar – April 3, 2008

Posted on March 17, 2008

On April 3, 2008, I will be on the faculty of “Practical Guide to Zoning and Land Use Law” in Honolulu. I’ll be presenting two subjects, “Current Caselaw and Legislative Update,” and “Appealing an Administrative Zoning Decision. Also on the faculty are Jesse Souki and A. Bernard Bays. The complete agenda and registration information are available here. Continue Reading Land Use Seminar – April 3, 2008

Links From Today’s Seminar

Posted on February 20, 2008

Thank you to all those who attended today’s Advanced Land Use Seminar. Here are the links to the cases I discussed. Also, for anyone who wants the Powerpoint presentation from the first session, email me.

Wilkie v. Robbins – no Bivens claim for retaliation against property owner
My Honolulu Advertiser op-ed on Wilkie
Crown Point Development, Inc. v. City of Sun Valley – Ninth Circuit jettisons the Armendariz doctrine. A follow up post here.
Cine SK8, Inc. v. Town of Henrietta – how to prove a substantive due process case
Franco v. National Capital Revitalization Corp. – DC Court of Appeals on evidence of pretext in Public Use challenges
Goldstein v. Pataki – Second Circuit on pleading pretext in Public Use challenges
Divine v Town of Nantucket – Massachusetts court invalidates 40 year old taking for lack of proper notice (includes my limerick!)
Brody v. Village of

…
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Land Use Seminar: February 20, 2008

Posted on February 13, 2008

There’s still time to register for the “Advanced Land Use and Zoning Law” seminar to be held on Wednesday, February 20, 2008 at the Ala Moana Hotel in Honolulu.

Topics include vacation rentals, big box zoning, affordable housing exactions, landowner liability for rockfalls, an environmental law update, and a summary of recent key decisions from Hawaii and other jurisdictions on land use and related issues. The faculty is comprised of my Damon Key Land Use Practice Group colleagues Greg Kugle, Mark Murakami, Robert Harris, and Noelle Catalan. I’ll be covering the topic “U.S. Supreme Court, Regulatory Takings, and Eminent Domain Update.”

Full agenda and registration information here. Hope you can make it — if you do, stop by and say hello.Continue Reading Land Use Seminar: February 20, 2008

Podcast on $37m Federal Inverse Condemnation Judgment

Posted on December 21, 2007

In anticipation of the upcoming eminent domain conferences, ALI-ABA has posted a (free!) short podcast by Michael Berger about the recent $37 million inverse condemnation judgment against a northern California for causing the plaintiff’s land to become undevelopable wetlands (Yamagiwa v. City of Half Moon Bay, No. 05-4149 VRW (Nov. 28, 2007)). See you at the conference (Jan 3-5, 2008). Continue Reading Podcast on $37m Federal Inverse Condemnation Judgment